Loading...
04-07-09 Item 25To: Via: From: Date: t , J ..,1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM South Miami krAnd All- AmeftaCRY 1 I I I r 2001 The Honorable Mayor Feliu and Members of the City Commission Ajibola Balogun, City Manager Planning Director Thomas J. Vageline, April 7, 2009 ITEM Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(11)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 6200 SUNSET DRIVE WITHIN THE "PUD -H" PLANNED UNIT DEVELOPMENT - HOSPITAL ZONING DISTRICT (SOUTH MIAMI HOSPITAL); AND PROVIDING AN EFFECTIVE DATE Request: Pursuant to Section 20- 3.4(B)(4)(b) of the Land Development .Code (LDC) the applicant, South Miami Hospital Inc. is requesting a Special Use Approval to operate a new general restaurant at the above referenced location. The location of the restaurant is on the ground floor of a new parking garage which is connected to the new Medical Arts Building at 6200 Sunset Drive, the legal address of the complex. The restaurant will face SW 73rd Street. The LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. STAFF ANALYSIS (1) The proposed restaurant is located in the "PUD -H ", Planned Unit Development - Hospital District which was created in June 1985. There have been several revisions to the PUD district, the last one being done in 2002 at which time the medical arts building and its garage were approved. The 2002 Site.Plan (see attached) indicated that the ground floor of the garage facing SW 73 Street was reserved for retail use. A general restaurant is a retail use which is permitted as a special use in most commercial zones and in PUD zones. (2) The applicant is proposing to open an "Au Bon Pain" restaurant which is a national casual bakery and cafe chain. A communication from the Hospital's representative dated February 3, 2009 ( attached) explains that the restaurant will provide an alternative dining opportunity for the South Miami Hospital campus. It is stated that the primary users of the restaurant will be patients, staff, and visitors. . (3) The restaurant will occupy 2,002 sq.ft.; the required parking spaces for the restaurant will be 21 spaces (l :100). The applicant's representative explains that a parking study at the time of the PUD revision in 2002 determined that the entire Hospital campus including the hospital and medical offices required a total of 1,692 off street spaces. The total off street parking spaces currently provided is 1,981. The resulting surplus of 289 spaces will provide for the 21 required off street parking spaces for the new restaurant. 2 Planning Board Action: The Planning Board at its March 10, 2009 meeting adopted a motion by a vote of 5 ayes 0 nays recommending approval of the special use request with a condition. Recommendation: The requested special use approval for a restaurant at 6200 Sunset Drive complies with the LDC requirements set forth for special uses in Section 20 -3.4, and the conditional use requirements set forth in Section 20 -5.8. Approval of the application with the following condition is recommended: (1) If the proposed restaurant in the future is determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Backup Documentation: Draft Resolution Application Location Map Letter of Intent Planning Department staff report (3- 10 -09) Planning Board Minutes Excerpt (3- 10 -09) PUD 2002 Site plan Rest. Site %Floor Plans Public Notices TJV /SAY XAComm Items\2009 \4- 7- 09 \PBO -09 -005 Special use Rest 6200 Sunset CM Report.doc I RESOLUTION NO. 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH 4 MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(13)(4)(b) OF THE 5 LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL 6 RESTAURANT LOCATED AT 6200 SUNSET DRIVE WITHIN THE "PUD -H" PLANNED 7 UNIT DEVELOPMENT- HOSPITAL ZONING DISTRICT (SOUTH MIAMI HOSPITAL); AND 8 PROVIDING AN EFFECTIVE DATE 9 10 WHEREAS, pursuant to Section 20- 3.4(13)(4)(b) of the Land Development Code (LDC), the 11 Applicant, South Miami Hospital, Inc. has submitted Planning Board Application No. PB -09 -005 12 requesting a Special Use Approval to operate a new general restaurant to be located on the ground floor 13 of the new Medical Arts Building Parking Garage at 6200 Sunset Drive, located in the "PUD -H ", 14 Planned Unit Development- Hospital District; and 15 16 WHEREAS, the 2002 revision of the Site Plan for the South Miami Hospital "PUD -H ", 17 Planned Unit Development - Hospital District indicated that the ground floor of the new garage facing SW 18 73 Street was reserved for retail use; and 19 20 WHEREAS, a general restaurant is a retail use which is permitted as a special use in commercial 21 zones and in PUD zones and is subject to meeting general conditions specified in LDC Section 20 -5.8 and 22 subject to meeting special use requirements set forth in LDC Section 20- 3.4(13)(4)(b); and 23 24 WHEREAS, the approval of a special use requires a recommendation from the Planning Board 25 and the approval of the City Commission after a public hearing; and 26 27 WHEREAS, at its March 10, 2009 meeting the Planning Board, after public hearing, voted 5 28 ayes 0 nays to recommend approval with a condition of the special use request; and 29 30 WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the 31 recommendation of the Planning Board. 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 34 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 35 36 Section 1: The Special Use Application (PB -09 -005) submitted by South Miami Hospital, Inc. 37 requesting approval to operate a new general restaurant located at 6200 Sunset Drive, located in the 38 "PUD -H ", Planned Unit Development - Hospital District, is hereby approved subject to the following 39 condition: 40 41 (1) If the subject general restaurant in the future is determined by the Director of Planning, to be 42 adversely affecting the health, or safety of persons residing or working in the vicinity of the 43 proposed use, to be detrimental to the public welfare or property or improvements in the 44 neighborhood, or to be not in compliance with other applicable Code provisions, the special 45 use approval may be modified or revoked by the City Commission upon notification and 46 public hearing 47 48 Section 2: This resolution shall be effective immediately after the adoption hereof. 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 PASSED AND ADOPTED this day of , 2009 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: MAYOR XAComm Items\2009 \4- 7- 09\PB -09 -005 6200 Sunset Rest Resolution.doc 2 Commission Vote: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Beckman: Commissioner Newman: �■� City of South Miami Planning & Zoning Department © City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 668 -7356 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: Lot(s) Block Subdivision WM Hobbs 6200 Sunset Drive (SW 72 Street) PB _4__-111 Meets & Bounds: Applicant: S. Miami Hosp..Dev. Fund, Inc. Phone: South Miami Hos . Representative: Organization: Ines Marrero- Priegues, Esq.. Holland & Knight, LLP Address: Phone: 701 Brickell Ave., Suite 3000, Miami, FL 33131 305 -7 9 -7776 Property Owner: Signature: S: Miami Hospital Dev. Fund, Inc. Ines larrer Pri gues, Esq. - Mailin Address: Phone: Attorney for Owner/305- 789 -7776 7480 SW 62 Avenue, Miami,.FL 33143 Architect/Engineer. Phone: AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner X Owner's Representative Contract to purchase — Option to purchase —Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: _ PLEASE CHECK ALL THAT APPLY: Amendment to LDC _Variance _X Letter of intent —Text Map Amendment X Special Use _ Justifications for change —Zoning PUD Approval _Special Exception — Statement of hardship _ PUD Major Change _Other (Waiver of Plat) X Proof of ownership or letter from owner _ _ Power of attorney Briefly explain application and cite specific Code sections: Contract to purchase Current survey (1 original sealed and Special Use Approval for restaurant per signed /1 reduced copy@ 11 "x 1T) X 15 copies of Site Plan and Floor Plans 20 -3.3 and 0 2073.4(4)b, of. LDR's. 1 reduced copy @11 "x 1T' 20% Property owner signatures or Affidavit attesting to mail notice sent Section: Subsection: Page #: Amended Date: X Mailing labels.(3 sets) and map. X Required Fee(s) The undersigned has read this Mpdeted application and represents that the information and all submitted materials are true and correct the best of the applic is Knowledge and belief. � ,,_. A icant's Si tune title ATr'o,Pp0Ey apP/ican7 Date Upon receipt, appplications and all submitted materials will be reviewed for compliance with the Land Development Code and other annlicable relations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment 11/19/07 City of South Miami PB-09-005 Special Use Restaurant 6200 Sunset Drive 0 300 600 900 1,200 Feet r f 6901 1 " 8 jl e 6900 692-5-1 6944 7001 r —7 71.,1 1 Ig3 70. 7243 F7248_ 7111 7301 7313 7110 7115 6mi 6333 --1 j 7401 1 7400 7411 7410 7421 7420 7431 7430 7501 7500 7511 7510 7521 7520 7531 7530 7601 l -4 0 ,01 I ___6825 6843 6842 ti SW 69TH ST 6917 y Z 6140 V 6912 240 11" 6001 6929 -;16129 6101 1 6201 694 '94, ii it 6941 7000 7011 5996 7.2. 7019 7031 7040 5995 7109 SW 71 ST ST 7051 0 7090 U) 7171 F 41 LU 6161 6075 6193 6101 1- SUBJECT SUNSET DR PROPERTY O 6280 6262 7231 A 7241 LL_.r 6250 7331 7330 I I SW 74.11 7401 7411 7421 — 7400 7431 7500 7511 7521 7-1 6202 6160 5960 .51 SW 72ND ST 7211 7220 6130 6DOO SW61ST -T 7311 7 340 w r1 7401 .2 SW 74TH ST r 6100 7435 7410 'V. 6144 7500 7440 6150 7500 _T 6180 7515 7520 7540 7535 �fN i 5991 6101 2 6DO1 3: 7575 ; I I I u) SW 76TH ST 6150 1 7606 1 GIS Data by Miami-Dade County, 11/2007. Made by City of South Miami, Engineering & Construction, 2/25/2009. 6310 Ig3 7231 7243 F7248_ 7251 7301 7313 7320 7333 7330 7141 6331 7401 1 7400 7411 7410 7421 7420 7431 7430 7501 7500 7511 7510 7521 7520 7531 7530 7601 l -4 0 ,01 I ___6825 6843 6842 ti SW 69TH ST 6917 y Z 6140 V 6912 240 11" 6001 6929 -;16129 6101 1 6201 694 '94, ii it 6941 7000 7011 5996 7.2. 7019 7031 7040 5995 7109 SW 71 ST ST 7051 0 7090 U) 7171 F 41 LU 6161 6075 6193 6101 1- SUBJECT SUNSET DR PROPERTY O 6280 6262 7231 A 7241 LL_.r 6250 7331 7330 I I SW 74.11 7401 7411 7421 — 7400 7431 7500 7511 7521 7-1 6202 6160 5960 .51 SW 72ND ST 7211 7220 6130 6DOO SW61ST -T 7311 7 340 w r1 7401 .2 SW 74TH ST r 6100 7435 7410 'V. 6144 7500 7440 6150 7500 _T 6180 7515 7520 7540 7535 �fN i 5991 6101 2 6DO1 3: 7575 ; I I I u) SW 76TH ST 6150 1 7606 1 GIS Data by Miami-Dade County, 11/2007. Made by City of South Miami, Engineering & Construction, 2/25/2009. 04 s° U T� South Miami All- AmericaCity U ^' INCORPORATED 1927 Q' CpnYO 2001 To: Honorable Chair & Planning Board Members From: Sanford A. Youkilis, AICP Acting Director of Planning �o°� PB -09 -005 Applicant: South Miami Hospital, Inc. Location: 6200 Sunset Drive Date: March 10, 2009 Re: Special Use Approval Restaurant South Miami Hospital 6200 Sunset Dr. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(11)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 6200 SUNSET DRIVE WITHIN THE "PUD -H" PLANNED UNIT DEVELOPMENT - HOSPITAL ZONING DISTRICT (SOUTH MIAMI HOSPITAL); AND PROVIDING AN EFFECTIVE DATE APPLICANT'S REQUEST: Pursuant to Section 20- 3.4(B)(4)(b) of the Land Development Code (LDC) the applicant, South Miami Hospital .Inc. is requesting a Special Use Approval to operate a new general restaurant at the above referenced location. The location of the restaurant is on the ground floor of a new parking garage which is connected to the new Medical Arts Building at 6200 Sunset Drive, the legal address of the complex. The restaurant will actually face SW 73`d Street and is using 6200 SW 73`d Street as a secondary address. The LDC provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. STAFF ANALYSIS (1) The proposed restaurant is located in the "PUD -H ", Planned Unit Development - Hospital District which was created in June 1985. There have been several revisions to the PUD district, the last one being done in 2002 at which time the medical arts building and its garage were approved. The 2002 Site Plan (see attached) indicated that the ground floor of the garage facing SW 73 Street was reserved for retail use. A general restaurant is a retail use which is permitted as a special use in most commercial zones and in PUD zones. (2) The applicant is proposing to open an "An Bon Pain" restaurant which is a national casual bakery and cafe chain. A communication from the Hospital's representative dated February 3, 2009 ( attached) explains that the restaurant will provide an alternative dining opportunity for the South Miami Hospital campus. It is stated that the primary users of the restaurant will be patients, staff, and visitors. . (3) The restaurant will occupy 2,002 sq.ft.; the required parking spaces for the restaurant will be 21 spaces (1 :100). The applicant's representative explains that a parking study at the time of the PUD 6200 SW 72 St. Special use approval March 17, 2009 2 revision in 2002 determined that the entire Hospital campus including the hospital and medical offices required a total of 1692 off street spaces. The total off street parking spaces currently provided is 1981. The resulting surplus of 289 spaces will provide for the 21 required off street parking spaces for the new restaurant. SPECIAL CONDITIONS APPLICABLE: The overall purpose of going through the special use process is to determine the compatibility of the proposed use with the surrounding neighborhood. A special use must comply with the conditions set forth in Section 20- 5.8(B) in that the use: a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; b) Will not be detrimental to the public welfare or property or improvements in the neighborhood; and, c) Complies with all other applicable Code provisions. In addition, special uses may also be required to comply with supplemental requirements, which are set forth in Section 20- 3.4(B)(4)(b). In the case of a general restaurant, the following requirements are listed: (i) All such establishments shall provide only inside or patio service on private property. Public streets, rights -of -way, sidewalks and required setbacks may not be used for patio or street- side services of any kind. A separate application for outdoor seating would be required. (ii) No services of a drive -in or of a fast food nature shall be permitted. (iii) The city commission shall review and recommend approval, disapproval or modification of all site plans and project specifications for this special use permit. RECOMMENDATION The requested special use approval for a restaurant at this location complies with the LDC requirements set forth for special uses in Section 20 -3.4 and the conditional use requirements set forth in Section 20- 5.8. Approval of the application with the following condition is recommended: (1) If the proposed general restaurants are, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Attachments: Application Location Map Letter of Intent PUD 2002 Site plan Rest. Site/Floor Plans Copies of Public notices SAY X:\PB\PB Agendas Staff Reports\2009 Agendas Staff Reports\3- 10- 09\PB -09 -005 Special use Rest, 6200 Sunset.doc oRand +Knight February 3, 2009 VIA HAND DELIVERY Mr. Sanford A. Youkilis, AICP Acting Planning Director City of South Miami Planning and Zoning Department Sylva Martin Building 6130 Sunset Drive South Miami, Florida 33143 Tel 305 374 8500 Fax 305 789 7799 Holland & Knight LLP 701 Brickett Avenue. Suite 3000 Miami. FL 33131 -2847 www.hktaw.com Ines Marrero - Priegues 305 789 7776 ines.marrero@hklaw.com Re: Application by South Miami Hospital, Inc. and South Miami Hospital Development Fund, Inc. for a Special Use Approval to permit an Au Bon Pain Restaurant at the ground floor of the South Miami Hospital Garage located at 6200 S.W. 72nd Street ( "Sunset Drive "), City of South Miami per Sections 20 -3.3 and 20- 3.4(4)b of the Land Development Regulations ( "LDRs "). Dear Mr. Youkilis: This letter of intent accompanies the application by South Miami Hospital, Inc. and South Miami Hospital Development Fund, Inc. (collectively referred to as "Applicant ") for a Special Use approval to permit an Au Bon Pain Restaurant at the ground floor of the South Miami Hospital garage located at 6200 S.W. 72nd Street. South Miami Hospital, Inc. is the owner of South Miami Hospital, and South Miami Hospital Development Fund, Inc. is the entity that owns the subject application property. This application respectfully requests a special use approval for a 2,002 square foot restaurant to serve the staff, patients and visitors to South Miami Hospital. As you may remember, on December 2002, the City Commission approved a major change to the South Miami Hospital Planned Use Development — Hospital (PUD -H) to permit, among other things, the Medical Arts Building on the corner of SW 72 Street and SW 62 Avenue and a 594 space parking garage connected to the Medical Arts Building at 6200 S.W. 72 rd Street. City of South Miami Resolution No. 188 -02- 11537. The plans approved for the garage depicted and proposed ground floor retail areas. This application seeks approval to permit a portion of this area for use as an Au Bon Pain restaurant consisting of 2,002 square feet. Annapolis • Atlanta • Bethesda • Boston • Bradenton • Chicago • Fort Lauderdale • Jacksonville • Lakeland • Los Angeles Miami • New York • Northern Virginia • Orlando • Portland • Providence • Rancho Santa Fe • Sacramento • St. Petersburg San Antonio • San Francisco • Seattle • Tallahassee • Tampa • Washington, D.C. • West Palm Beach Sanford A. Youkilis, AICP Acting Planning Director February 3, 2009 Page 2 According to the 2002 South Miami Hospital Parking study provided in connection with the major change to the PUD, the South Miami Hospital campus, which includes the hospital and medical office building provides 1,981 offstreet parking spaces and requires 1,692 spaces. The hospital campus provides .289 parking spaces more than required by the LDRs. Under the 2002 approvals, the area where the Au Bon Pain is planned was proposed for retail use. Pursuant to the offstreet parking requirements of the LDR's, Sections 20 -3.3D and 20- 4.4(B)(7), the proposed change in use of the 2,003 square foot area from retail to restaurant results in an increase in required parking of 14 spaces (7 spaces for retail at 1:300; 21 spaces for restaurant at 1 :100). The additional 14 parking spaces are comfortably included within the existing 289 parking surplus. As a practical matter, however, the proposed 2,002 square foot restaurant will probably have minimal impact on parking requirements in the hospital campus. Most of the Au Bon Pain patrons will be hospitals staff, patients or visitors to the hospital, who will be already parked and whose parking requirements will have already been accounted for in the parking requirements for the hospital campus. Au Bon Pain, a national casual bakery and cafe chain, will provide an alternate dining and caf6 opportunity for the patients, staff and visitors at the hospital. While the cafe will be located within the hospital campus, its location at the ground floor level of- the garage will provide patients, staff and visitors with a break from the hospital atmosphere. A similar Au Bon Pain restaurant currently exists within Baptist Hospital on Kendall Drive where it has become a popular alternative to the hospital's cafeteria. In full compliance with the criteria for special use approvals for restaurants, as set forth in section 20- 3.4(4)b of the Land Development Regulations, the proposed restaurant will not include drive - through service and all the seating will be located within the interior areas of the restaurant. Based on the foregoing, we respectfully request your favorable review and recommendation. Should you have any questions or need additional information, please call me at (305) 789 -7776. Very truly yours, Ines Marrer - Priegues Cc: Mr. Jason Virelli Ms. Kathleen S. Moorman Joseph G. Goldstein, Esq. # 6050491_v2 r o Rt0 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, March 10, 2009 City Commission Chambers 7:30 P.M. EXCERPT. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:36 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Farfan, Mr. Cruz and Mr. Comendeiro. Absent: Ms. Yates and Ms. Chael City staff present: Sanford A. Youkilis (Acting Planning Director), Lourdes Cabrera - Hernandez (Principal Planner) and Alerik Barrios (Administrative Assistant). III. Administrative Matters: Mr. Youkilis informed the Board that the next meeting will be held on March 31, 2009. He then introduced Ms. Maria Stout -Tate a new member of the Planning Department. Mr. Youkilis commented.that the Chair and Vice Chairman would have to be elected. Mr. Comendeiro moved and Ms. Young seconded to re -elect Mr. Morton as Chair Vote: 5 Ayes 0 Nays. Mr. Comendeiro moved and Mr. Cruz seconded that Ms. Yates be re- elected as Vice Chair Vote: 4 Ayes 1 Abstained (Ms. Young). IV. Planning Board Applications/Public Hearing PB -09 -005 Applicant: South Miami Hospital, Inc. Location: 6200 Sunset Drive A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20- 3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 6200 SUNSET DRIVE WITHIN THE "PUD -H" PLANNED UNIT DEVELOPMENT - HOSPITAL ZONING DISTRICT (SOUTH MIAMI HOSPITAL); AND PROVIDING AN EFFECTIVE DATE Planning Board Meeting March 10, 2009 Page 2 of 4 Action: Ms. Young read the item into the record. Mr. Comendeiro disclosed to the Board that he is an associate at South Miami Hospital. An associate is a group of business owners that meet once a month within the hospital's facilities. The directors inform them of what is occurring in the hospital. They in turn inform the community. He has no financial interest. Mr. Cruz disclosed to the Board that years before he became an attorney he worked as an engineer for MGE Architects. Mr. Youkilis advised the Board that the applicant is requesting a Special Use Approval to operate a new general "An Bon Pain" restaurant which is a national casual bakery and cafd chain. The restaurant will be located on the ground floor of a new parking garage, which is connected to the new Medical Arts Building at 6200 Sunset Drive. This restaurant will provide an alternative dining opportunity for the South Miami Hospital campus. It is stated that the primary users of the restaurant will be patients, staff, and visitors. The Land Development Code provides that special uses must be approved by the City Commission after a public hearing and receipt of a recommendation from the Planning Board. The proposed restaurant is located in the "PUD -H ", Planned Unit Development - Hospital District which was created in June 1985. There have been several revisions. The last one was done in 2002 at which time the medical arts building and its garage were approved. The 2002 Site Plan indicated that the ground floor of the garage facing SW 73 Street was reserved for retail use. The. restaurant will occupy 2,002 sq.ft and the required parking spaces for the restaurant will be 21 spaces (1:100). A parking study at the time of the PUD revision in 2002 determined that the entire Hospital campus including the hospital and medical offices required a total of 1692 off street spaces. The total off street parking spaces currently provided is 1981. The resulting surplus of 289 spaces will provide for the 21 required off street parking spaces for the new restaurant. Staff recommended approval noting that the special use for a restaurant at this location complies with the LDC requirements set forth for special uses in Section 20 -3.4 and the conditional use requirements set forth in Section 20 -5.8. Approval of the application with the following condition was recommended: (1) If the proposed general restaurants are, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the .City Commission upon notification and public hearing. Mr. Cruz questioned what was occupying the current space. Mr. Youkilis replied that it was a vacant space intended for retail stores. Speakers: NAME ADDRESS SUPPORT /OPPOSE Ines Marrero, Esq. 701 Brickell Avenue Support Planning Board Meeting March 10, 2009 Page 3 of 4 Ms. Marrero representing the Hospital commented that when the medical office and the parking garage were approved in 2002 they contemplated the ground level retail. "An Bon Pain" restaurant is a casual eatery which does not have alcoholic beverages. It is basically sandwiches, soups, salads, and minimal preparation on site. It is an alternative to the hospital cafeteria. It allows employees or visitors to walk out get a bite to eat and not be in the hospital. The proposed restaurant does to meet parking requirements, but as a practical matter, the restaurant is really intended to be another option for staff, patients and the visitors. The restaurant would close early; there is no outdoor seating or drive through. Ms. Young questioned what closest chain located. Ms. Marrero replied the Dadeland station. Mr. Morton questioned if the hospital is a non profit and when the City went into a development agreement was there profit sharing. Ms. Marrero responded that there are two entities South Miami Hospital and South Miami Hospital Development Fund Inc. South Miami Hospital Development Inc, is for profit which pays property taxes and revenue to the city. Ms. Young questioned how much property tax is paid for the space and what other proposed establishment will be placed in the remaining spaces. Ms. Marrero replied this will be the only retail or restaurant since the remaining spaced have been used up by mechanical space. Mr. Cruz questioned what the seating capacity is. Ms. Marrero responded no more than thirty - four chairs. NAME ADDRESS SUPPORT /OPPOSE Jason Vivelli 7015 SW 67 Avenue Support Mr. Vivelli responded to the previous question that it is a ruff estimate of thirty -four seats based on the current seating at the Baptist Hospital "An Bon Pain" since the space is a little bit smaller. NAME Kathleen Moorman ADDRESS 5730 SW 52 Terrance SUPPORT /OPPOSE Support Ms. Young questioned the proposed date of opening. Ms. Moorman, also representing the Hospital, responded it would be six months. Mr. Cruz questioned if the design originally contained a kitchen. Ms. Marrero responded that there was never a kitchen but there will be minimal heating for sandwiches and soups. Chairman closed the public hearing. Ms. Young recommended if hiring is going to take place given the economy that consideration is given to residents of the City of South Miami that meet job requirements. Motion: Mr. Comendeiro moved and Mrs. Young seconded that the application be approved Planning Board Meeting March 10, 2009 Page 4 of 4 as presented. Vote: 5 Ayes 0 Nay MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR APRIL 7, 2009 in the XXXX Court, was published in said newspaper in the issues of 03/27/2009 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published In said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before s 27 day of MARCH , A.D. 2009 (SEAL) V. PEREZ personally known to me 'el. -N Nniary Public State of Florida Cheryl H. Harmer My Cormnlssbn DD7934B0 ? Expires 0711 &2012 (2) CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings, at its regular City Commission meeting scheduled for Tuesday. April 7, 2009 beginning at 7:30 p.m. in the City, Commission Chambers, 6130 Sunset Drive, to consider the following items: Seeond Reading: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA, RELATING TO AMENDING CHAPTER 2 OF THE CITY'S CODE OF ORDINANCES ENTITLED ADMINISTRATION AND CITY GOVERNMENT; BY AMENDING SECTION 2.7 ENTITLED 'ADMINISTRATIVE DEPARTMENT FUNCTIONS AND DUTIES'; TO INCLUDE SUBSECTION .(E); PROHIBITING FORMER EMPLOYEES THAT HAVE RECEIVED SEVER- ANCE AND /OR HAVE SUED THE CITY AND HAVE RECEIVED A SETTLEMENT OR JUDGMENT AGAINST THE CITY FROM SEEKING RE- EMPLOYMENT AT THE CITY, EXCEPT AS OTHERWISE PROVIDED UNDER LAW; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE POSITION OF THE CITY MANAGER; AMENDING THE CODE OF ORDINANCES CHAPTER 2, 'ADMINISTRATION AND CITY GOVERNMENT,' SECTION 24.4, ENTITLED "RESERVED." PROVIDING FOR AN ANNUAL PERFOR- MANCE EVALUATION: PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. .. _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY'S CODE OF ORDINANCES, CREATING ARTICLE IV, WHICH ARTICLE SHALL BE ENTITLED -LOT MAINTE- NANCE AND ABANDONED PROPERTY:" OF CHAPTER y5, RELATING TO 'OFFENSES AND MISCELLANEOUS PROVISIONS'; PROVIDING'FOR FINES, STANDARDS FOR LOT MAINTENANCE AND A DETERMINATION Of 1 ABANDONED PROPERTY; PROVIDING FOR NOTICE PRO- VISIONS FOR AN ANNUAL NOTICE RELATING TO LOT MAINTENANCE ,ISSUES; PROVIDING AUTHORITY TO ENTER PROPERTY TO MAINTAIN LOT, IF PROPERTY IS NOT BROUGHT INTO COMPLIANCE; PROVIDING FOR AUTHORITY TO LIEN; PROVIDING REQUIREMENT THAT MORTGAGE HOLDERS TO REGISTER WITH THE CITY ON ANNUAL BASIS TO ENSURE PROPER NOTICE OF VIOLATIONSICITATIONS TO ALL INTERESTED PERSONS; PROVIDING FOR ORDINANCES IN CONFLICT, CODIFI- CATION, SEVERABILITY AND AN EFFECTIVE DATE. soolution: A RESOLUTION OF THE MAYOR 8 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20.4.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW FOR A COMMERCIAL BUILDING TO REDUCE REQUIRED PARK- ' SPACES ROM SIX TO TWENTY THRE ING (23) SPACES AND TWENTY ANCEWAIVING THE FIVE E5) FOOT LANDSCAPE BUFFER ZONE REQUIRED BY THE GRAPHIC REQUIREMENT IN SECTION 20-4,4: ALL ON PROPERTY WITHIN AN 'LO' LOW- INTENSITY OFFICE USE DISTRICT LOCATED AT 5825 SW 68TH STREET, SOUTH MIAMI, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. 1A RESOLUTION OF THE MAYOR AND CITY COMMISSION 11, f OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST .. PURSUANT TO SECTION 20- 14(8)(4)(b) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 6200 SUNSET DRIVE WITHIN THE "PUD -H' PLANNED UNIT DEVELOPMENT-HOSPITAL MIAMI HOSPITAL); AND PROVIDING ( G AN EFFECTIVE DATE. :First ead AN ORDINANCE OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ADOPTING (EAR) BASED HTEXT AMUENDMENTS OPTHEE SOUTH EMIAMI COMPREHENSIVE PLAN: THE AMENDMENTS ARE TO THE GOALS, OBdECTIVES, AND POLICIES FOR THE FOLLOWING COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE: TRANSPORTATION; HOUSING: INFRASTRUCTURE: CON- SERVATION: RECREATION AND OPEN SPACE: INTER- GOVERNMENTAL COORDINATION: AND CAPITAL IMPROVE- MENTS: PROVIDING FOR SEVERABILITY, 'ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE. ALL interested parties are invited to attend and will be heard. Marla M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appal any decision made by this Board. Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings. and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is which record includes the testimony and evidence upon which the app eal s 09-3-127/1200311 M 3127 d a° _ n 2 Y F- � A O a y c d LL Y O y 0� U Z ci 0 N cc c Z T c n C N 0 U Q—X v QUi aN'i U Q cn 0 0 0 r CD 0 0 c M M 40 m m M m a) .a E 7 Z C1 E o -p N N p Q = cn U 93, N M Q a Air Force Reserve Airman Christine Mondesir gradu- ated from basic military train- ing at Lackland Air Force Base, San Antonio. She is a 2007 graduate of Dade Chris- tian School. Army Staff Sgt. Cedrick Stewart was named non- commissioned officer of the quarter at Fort Carson, Colo. Stewart is a battalion chemi- cal, biological, radiation and nuclear operations supervisor assigned to headquarters company, 43rd Sustainment Brigade at Fort Carson. He received the honor after fin- ishing first in five consecutive selection boards. Stewart, who has served in the military for four years, is married to Tynshawnta Stewart of Homestead and is a 1997 grad- uate of Homestead High NEIGHBORS IN UNIFORM MONDESIR GONZALEZ STEWART ACOSTA LINCOLN GALLARDO School. The sergeant's guard- of Miami -Dade County and is Lackland Air Force Base, San ians are Tommy and Dorothy a 2008 graduate of Southridge Antonio. He is the son of Smith of Florida City, High School. Myriam Alvarez of Key Largo. Army Pvt. Ismael Allegue recently graduated from basic combat training at Fort Sill, Lawton, Okla. Allegue is the son of Irene Subiza of Miami - Dade County. Air Force Airman Oscar Acosta graduated from basic military training at Lackland Air Force Base, San Antonio. He is the son of Raul Acosta Air Force Airman Calvin Lincoln graduated from basic military training at Lackland Air Force Base, San Antonio. He is the brother of Stacy Leets of Miami -Dade County. Air Force Airman Moises Gallardo graduated from basic military training at (V CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida Will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday, April 7, 2009 beginning at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to consider the following Hems: Swond Ruin AIORDINANCE RELATNGTOAMENDINGCW17B 2OFTHECRrS CODE OFORDINANCES EUMLEDADM94W MTIONAND CITY GOVERNMENT; BY AMENDING SECTION 2 -7 ERITLED'ADMNNSTINTIVE DEPARTMENT FUNCTIONS AND DUTIES': TO INCLUDE SUBSECTION (E); PROHIBITING FORMER EMPLOYEES THAT HAVE RECEIVED SEVERANCE AND/OR HAVE SUED THE CITY AND HAVE RECEIVED A SETTLEMENT OR JUDGMENT AGAINST THE CITY FROM SEEPUNG RE- EMPLOYMENT AT THE CITY, EXCEPT AS OTHERWISE PROVIDED UNDER LAW. AN ORDNANCE RELATING TO THE POSITION OF THE CITY MANAGER; AMENDING THE CODE OF ORDINANCES CHAPTER 2. 'ADMINISTRATION AND CITY GOVERNMENT: SECTION 24A, ENTITLED "RESERVED.' PROVIDING FOR AN ANNUM PERFORMANCE EVALUATION. AN ORDNANCE RELATING TO THE CnyS CODE OF ORDINANCES, CREATING ARTICLE N, WHEN ARTICLE SHALL BE ENTITLED 'LOT MAINTENANCE AND ABANDONED PROPERTY;" OF CHAPTER 15, RELATING TO 'OFFENSES AND MISCELLANEOUS PROVISIONS"; PROVIDING FOR FINES, STANDARDS FOR LOT MAIMS ANCE AND A DETERMINATION OF ABANDONED PROPERTY; PROVIDING FOR NOTICE PROVISIONS FOR AN ANNUAL NOTICE RELATING TO LOT MAINTENANCE ISSUES; PROVIDING AUTHORITY TO ENTER PROPERTY TO MAINTAIN LOT E PROPERTY S NOT BROUGHT INTO COMPLIANCE; PROVIDING FOR AUTHORITY TO LIEN; PROVIDING REQUITEMENT THAT MORTGAGE HOLDERS TO REGISTER WITH THE CITY ON ANNUAL BASS TO ENSURE PROPER NOTICE OF VIOLATIONSAXTATIDNS TO ALL INTERESTED PERSONS. Resolutlon: A RESOLUTION RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 204.4 (B) OF THE LAND DEVELOPMENT CODE TO ALLOW FOR A COMMERCIAL BUILDING TO REDUCE REQUIRED PARIUNG SPACES FROM TWENTY SIX (26) TO TWENTY THREE (23) SPACES: AND A VARIANCE WANING THE FIVE (5) FOOT LANDSCAPE BUFFER ZONE REQUIRED BY THE GRAPHIC REQUIREMENT N SECTION 204A; ALL ON PROPERTY WITHIN AN *LO* LOW- NTESRY OFFICE USE DISTRICT LOCATED AT 5825 SW 68'" STREET, SOUTH MIAMI, FLORIDA A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 2D-14M l)(b) OF THE LAND DEVELOPMENT CODE FOR SPECAL ISE� APPROVAL TO LOCATE A GENERAL RESTAURANT LOCATED AT 6200 SUNSET DRIVE WITHIN THE - PUO -H- PLANNED UNIT DEVELOPNX HOSPITAL ZONING DISTRICT ISOM MIAMI HOSPTTNj; AND PROVIDING AN EFFECTIVE DATE Find Rindift ANORDINANCEADOFRNGTHEEVA111ATIONANDAPPPN SALWW( FAR )BASEOTEXTNAENDMENTSTOTHESOUTH MAMICOMM004K RAN; THE AMENDMENTS ARE TO THE GOALS, OBJECTIVES. AND POLICIES FORTHE FOLLOWING COMPREIE SINE PLAN ELEMENTS: FUTURE LAID USE; TRANSPORTATION: HOUSING; INFRASTRUCTURE. CONSERVATION; RECREATION AND OPEN SPACE INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS. For further information, please contact the City Clerks Office at (305) 663 -6340. ALL interested parties are invited to attend and Will be heard. Marla M. Menendez, CMC city clerk rwovmroraiN SWnes]He.otas. Pe City nvM N�e-Me WNt ltmlr.D� ^Eecamb VpW am Ae .,, 4 bjft Bwd.Ai;m yY Camn®im wim rtrp t m airy manma�eema et N meeenp w Merhq, M a W r41 nee4 a mmN b me pmreeGinm. aM Wt1a m,M P^Ama. d.w panaa mar -e4tA mmm n,m a rema4m ,aw,4 m me aa�m t inns ri:a �acma ud,eeA a. mAVamar w a,eam: vain wNa me AADaaI e m Im eaa.4. Air Force Airman Luis Gonzalez recently graduated from basic military training at Lackland Air Force Base, San Antonio. He is the son of Yusimi Hernandez and Luis Gonzalez of Miami -Dade County and a 2006 graduate of South Miami Senior High School. • COMPLETE LAWN AND TREE SERVICES • LICENSED & INSURED 10 % OF Tree Setvia • COMMERCIAL & RESIDENTIAL 1.7=3" FRANKS LAWN SERVICE, iN( (305) 233 -9369 FREE ESTIMATES . (V CITY OF SOUTH MIAMI NOTICE OF CITY COMMISSION WORKSHOP NOTICE is hereby given that the City Commission of the City of South Miami, Florida will hold a workshop relating to the negotiation of a permanent loan in an amount not to exceed $1,000,000 to repay the bridge loan of $1,000,000 which was utilized by the City for the completion of certain road improvements and construction of a public parking garage located at S.W. 731 Street, Monday, March 30. 2009 from 7:00 - 8.00 D.m., in the City Commission Chambers, located at 6130 Sunset Drive, South Miami. All interested parties are invited to attend. Maria M. Menendez, CIVIC City Clerk City of South Miami SW 6d AVENUE CL m m --I \�` =cn 0 [\ - j i■ �! ) —.rr J1 j ƒ$A | /h{ ■ . 2- § § \)| \ # |r. ,.,: . " W. SW 72nd STREET 6;- ` .'. LU D Z W Q N to co D a P South Miami Hospital Preliminary Concept Plan Project 1 — Ground Floor Plan J laD P E R K I N S 800017.610 & W 1 L L Ch.ck.d ♦mhllrqun Inver err Flrnninp 13ai'.wcMn. Slr..l MC Allen,e, Orerp,e 3030f YS'A X3C aOCM �,eN. /NT.F� ufr 113.6133 D911ar Lar Mprlu Ylrml Ylnnr.pal,r Nrr Y.M1 DMMWp NIOxYaTq 9a0+IDFD er MGE ARCHITECTS n Genoa: fbrYe J],.N 721, � H e, 1-1. n far:Ee ]N]> i56,.130.91Cib F311.330.91RJ wr.mprerclwl.c,r . cem South Miami Hospital 1DJ1]Y MEDICAL ARTS BUILDING AND PARKING GARAGE 6200 S.W. 73 STRa7- SOUTH MWA FL 33173 (305)663-5D64 L!IMqd-lllbrrAk r+~T C 3002 M.- k 1111, South Miami Hospital Preliminary Concept Plan Project t Shot A -2.1.1 NOT lauu.d for conatr -b- Shot MDFinadW Del. Scpl. 30. 20D2 Joe —b.F 800017.610 Sceb I" 20._0" D von YGE Ch.ck.d %33 .pprer.d X3C TWO South Miami Hospital Preliminary Concept Plan Project t Shot A -2.1.1 NOT lauu.d for conatr -b-